Pub. L. 100-177, tit. IV, sec. 402
PROFESSIONAL REVIEW ACTIVITIES.
SEC. 402. PROFESSIONAL REVIEW ACTIVITIES. (a) In General.—Section 427 of Health Care Quality Improvement Act of 1986 (42 U.S.C. 11137) is amended— (1) in subsection (b)(1)— (A) by striking out “with respect to medical malpractice actions” and inserting in lieu thereof “as necessary to carry out subsections (b) and (c) of section 425 (as specified in regulations by the Secretary)”; and (B) by adding at the end thereof the following new sentences: “Information reported under this part that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 424(b)), on application by any person, shall prepare such information in such form end shall disclose such information in such form.”; and (2) in subsection (c)— (A) by inserting “(including the agency designated under section 424(b))” after “person or entity”; end (B) by inserting “(including information provided under subsection (a)” after “part”. (b) Fees.—Section 427(b) of such Act is amended by adding at the end thereof the following new paragraph: “(4) Fees.—The Secretary may establish or approve reasonable fees for the disclosure of information under this section or section 426. The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary (or, in the Secretary’s discretion, to the agency designated under section 424(b)) to cover such costs.”. (c) Effective Dates.— (1) In general.—The amendments made by subsection (a) shall become effective on November 14, 1986. 101 STAT. 1008 (2) Fees.—The amendment made by subsection (b) shall become effective on the date of enactment of this Act.